Does the “Free and Clear” Language in an Order Approving a Sale Pursuant to Section 363(f) of the Bankruptcy Code Bar a Successor Liability Claim?

(Excerpt) Section 363(f) of the Bankruptcy Code was enacted to empower debtors to maximize the value of their bankruptcy estate for the benefit of creditors. Because the assets sold in a sale under section 363(f) (a “363 Sale”) transfer “free and clear” of “any interest in such property,” a purchaser would be more likely to pay a higher price for the assets. In turn, a higher price paid for the assets results in more available resources to distribute among the debtor’s creditors. If a claim is considered an “interest in such property” and the sale order provides that the sale is free and clear of all interests in the property, then the claimant is barred from bringing the claim under a successor liability theory. In determining whether a 363 Sale Order precludes a successor liability claim, a court will focus on the text of section 363, particularly the phrase “interest in such property.” A common scenario in which this arises is when a defective product manufactured by a debtor prior to bankruptcy injures someone after the bankruptcy proceedings. Whether the injured party can bring a products liability claim under successor liability against the new owner who bought the debtor’s assets in a 363 Sale depends on how the court construes “interest in such property.” If a court finds that the injured party’s claim is an “interest in such party,” then the injured party will not be able to sue the new owner. On the other hand, if the court determines that the claim is not an “interest in such property,” then the injured party can bring a suit against the new owner under successor liability. There are three ways to interpret “interest in such property.” The first method is to apply state law. Under this method, if the injured party’s claim is an interest in property under state law, then it will be an “interest in such property” for the purposes of a 363 Sale. The second method is to construes the phrase as applying only to in rem interests in the property. The third method is to interpret the phrase broadly to encompass in personam interests

Reverse Genetics Approach to Examine Myosin XI Functions in Pollen Tube Growth

Pollen tube growth is an essential aspect of plant reproduction because it is the mechanism through which non-motile sperm cells are delivered to ovules thus allowing fertilization to occur. A pollen tube is a single cell that only grows at the tip, and this tip growth depends on actin filaments. Plants encode class VIII and class XI myosins as actin-based motor proteins, of which class XI myosins are required for cell expansion in vegetative tissues. In Arabidopsis thaliana, 6 of 13 myosin XI genes are expressed in pollen: XIA, XIB, XIC, XID, XIE, and XIJ. Initially, two artificial microRNA constructs were designed to target multiple class XI myosins; however, plants expressing the artificial microRNAs had no reduction in overall fertility and only a slight reduction in root hair elongation. Therefore, to explore the functions of individual pollen myosins, homozygous T-DNA insertion mutants were isolated for all six pollen myosin genes. Single mutants had little or no reduction in overall fertility, whereas double mutants of highly similar pollen myosins had greater defects in pollen tube growth. In particular, xic xie pollen tubes grew more slowly than WT pollen tubes, which resulted in reduced fitness compared to WT and a drastic reduction in seed set. Organelle motility was significantly reduced in xic xie pollen tubes; however, vesicle accumulation and actin filament dynamics were not altered in the double mutant. Thus, it remains unclear how reduced organelle motility in xic xie pollen tubes leads to a slower growth rate. A novel role of myosin XI in pollen germination was also revealed in this study. Pollen from mutants of XIJ, the only short-tailed myosin XI in Arabidopsis, germinated poorly in vitro. This in vitro pollen germination defect was rescued by the addition of diffusible components from female tissues. Interestingly in pollen grains, YFP-XIJ and YFP-XIA localized to the future site of germination, suggesting a role in pollen germination for multiple myosin XI isoforms. In summary, this study provided the first direct evidence that class XI myosins are involved in pollen tube growth and pollen germination

Examining the Experiences of Chinese Multilingual Therapists in Training

According to the 2015 Census, 44% of people ages five and older in California speak a language other than English in their household, indicating the growth of multilingual persons in California. Among the top three languages spoken at home in California, Chinese takes third following English and Spanish. The demand for multilingual mental health services may continue to grow with the increase of multilingual individuals. Although there is an increase in need for multilingual mental health services, there remains a lack of formal training and clinical supervision for multilingual trainees. This study adopted a qualitative approach and utilized semi-structured interviews and a thematic analysis to examine the experiences of multilingual therapists in training providing therapeutic services in a Chinese dialect. The purpose was to provide more research on experiences and needs of multilingual trainees. Thirteen participants of Chinese descent were interviewed via VSee, a telemedicine platform. The results yielded eight emerging themes that highlighted the various emotions and challenges experienced by multilingual therapists in training, as well as their suggestions for future trainings. Results indicated multilingual trainees face unique challenges in their experience when providing services in a Chinese dialect, further highlighting the need for additional research and attention towards improving training to support multilingual therapists in training

Identification of Functionally Distinct Isoforms of the N-Type Ca2+ Channel in Rat Sympathetic Ganglia and Brain

AbstractThe N channel is critical for regulating release of neurotransmitter at many synapses, and even subtle differences in its activity would be expected to influence the efficacy of synaptic transmission. Although several splice variants of the N channel are expressed in the mammalian nervous system, their biological importance is presently unclear. Here, we show that variants of the α1B subunit of the N channel are expressed in sympathetic ganglia and that alternative splicing within IIIS3-S4 and IVS3-S4 generate kinetically distinct channels. We further show a striking difference between the expression pattern of the S3-S4 variants in brain and peripheral ganglia and conclude that the brain-dominant form of the N channel gates 2- to 4-fold more rapidly than that predominant in ganglia

Risk Factors for Invasive Cryptococcus neoformans Diseases: A Case-Control Study

Background: Cryptococcus neoformans is a ubiquitous environmental fungus that can cause life-threatening meningitis and fungemia, often in the presence of acquired immunodeficiency syndrome (AIDS), liver cirrhosis, diabetes mellitus, or other medical conditions. To distinguish risk factors from comorbidities, we performed a hospital-based, density-sampled, matched case-control study. Methods: All new-onset cryptococcal meningitis cases and cryptococcemia cases at a university hospital in Taiwan from 2002–2010 were retrospectively identified from the computerized inpatient registry and were included in this study. Controls were selected from those hospitalized patients not experiencing cryptococcal meningitis or cryptococcemia. Controls and cases were matched by admission date, age, and gender. Conditional logistic regression was used to analyze the risk factors. Results: A total of 101 patients with cryptococcal meningitis (266 controls) and 47 patients with cryptococcemia (188 controls), of whom 32 patients had both cryptococcal meningitis and cryptococcemia, were included in this study. Multivariate regression analysis showed that AIDS (adjusted odds ratio [aOR] = 181.4; p < 0.001), decompensated liver cirrhosis (aOR = 8.5; p = 0.008), and cell-mediated immunity (CMI)-suppressive regimens without calcineurin inhibitors (CAs) (aOR = 15.9; p < 0.001) were independent risk factors for cryptococcal meningitis. Moreover, AIDS (aOR = 216.3, p < 0.001), decompensated liver cirrhosis (aOR = 23.8; p < 0.001), CMI-suppressive regimens without CAs (aOR = 7.3; p = 0.034), and autoimmune diseases (aOR = 9.3; p = 0.038) were independent risk factors for developing cryptococcemia. On the other hand, diabetes mellitus and other medical conditions were not found to be risk factors for cryptococcal meningitis or cryptococcemia. Conclusions: The findings confirm AIDS, decompensated liver cirrhosis, CMI-suppressive regimens without CAs, and autoimmune diseases are risk factors for invasive C. neoformans diseases

Gender equality and plan making: Gender mainstreaming toolkit

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